Public Act 097-0692
 
SB3518 EnrolledLRB097 16911 JDS 62099 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by adding Section
5-1182 as follows:
 
    (55 ILCS 5/5-1182 new)
    Sec. 5-1182. Charitable organizations; solicitation.
    (a) No county may prohibit a charitable organization, as
defined in Section 2 of the Charitable Games Act, from
soliciting for charitable purposes, including solicitations
taking place on public roadways from passing motorists, if all
of the following requirements are met.
        (1) The persons to be engaged in the solicitation are
    law enforcement personnel, firefighters, or other persons
    employed to protect the public safety of a local agency,
    and those persons are soliciting solely in an area that is
    within the service area of that local agency.
        (2) The charitable organization files an application
    with the municipality or county having jurisdiction over
    the location or locations where the solicitation is to
    occur. The applications shall be filed not later than 10
    business days before the date that the solicitation is to
    begin and shall include all of the following:
            (A) The date or dates and times of day when the
        solicitation is to occur.
            (B) The location or locations where the
        solicitation is to occur.
            (C) The manner and conditions under which the
        solicitation is to occur.
            (D) Proof of a valid liability insurance policy in
        the amount of at least $1,000,000 insuring the charity
        or local agency against bodily injury and property
        damage arising out of or in connection with the
        solicitation.
    The county shall approve the application within 5 business
days after the filing date of the application, but may impose
reasonable conditions in writing that are consistent with the
intent of this Section and are based on articulated public
safety concerns. By acting under this Section, a local agency
does not waive or limit any immunity from liability provided by
any other provision of law.
    (b) For purposes of this Section, "local agency" means a
municipality, county, special district, fire district, joint
powers of authority, or other political subdivision of the
State of Illinois.
    (c) A home rule unit may not regulate a charitable
organization in a manner that is inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
 
    Section 10. The Illinois Municipal Code is amended by
changing Section 11-80-9 as follows:
 
    (65 ILCS 5/11-80-9)  (from Ch. 24, par. 11-80-9)
    Sec. 11-80-9. The corporate authorities of each
municipality may prevent and regulate all amusements and
activities having a tendency to annoy or endanger persons or
property on the sidewalks, streets, and other municipal
property. However, no municipality may prohibit a charitable
organization, as defined in Section 2 of the Charitable Games
Act, from soliciting for charitable purposes, including
solicitations taking place on public roadways from passing
motorists, if all of the following requirements are met.
        (1) The persons to be engaged in the solicitation are
    law enforcement personnel, firefighters, or other persons
    employed to protect the public safety of a local agency,
    and that are soliciting solely in an area that is within
    the service area of that local agency.
        (2) The charitable organization files an application
    with the municipality or county having jurisdiction over
    the location or locations where the solicitation is to
    occur. The applications shall be filed not later than 10
    business days before the date that the solicitation is to
    begin and shall include all of the following:
            (A) The date or dates and times of day when the
        solicitation is to occur.
            (B) The location or locations where the
        solicitation is to occur.
            (C) The manner and conditions under which the
        solicitation is to occur.
            (D) Proof of a valid liability insurance policy in
        the amount of at least $1,000,000 insuring the charity
        or local agency against bodily injury and property
        damage arising out of or in connection with the
        solicitation.
    The municipality shall approve the application within 5
business days after the filing date of the application, but may
impose reasonable conditions in writing that are consistent
with the intent of this Section and are based on articulated
public safety concerns. By acting under this Section, a local
agency does not waive or limit any immunity from liability
provided by any other provision of law.
    (3) For purposes of this Section, "local agency" means a
municipality, county, special district, fire district, joint
powers of authority, or other political subdivision of the
State of Illinois.
    A home rule unit may not regulate a charitable organization
in a manner that is inconsistent with this Section. This
Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
(Source: Laws 1961, p. 576.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.